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Tag: IT rules

  • HC issues notice to Centre over media firms’ plea against IT rules

    New Delhi: The Madras high court has issued a notice to Centre over a plea filed by the Digital News Publishers Association (DNPA) against the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021.

    This petition challenged the constitutionality of the Rules and alleged that it violates the fundamental right of equality (Article 14), freedom of speech and expression (Article 19(1)(a), and the right to practice any profession or to carry on any occupation, trade or business (Article 19 (1) (g)). The association sought a stay on Rules 12, 14, and 16 of the IT Rules 2021.

    Formed in 2018, DNPA is an organisation comprising of the digital arms of leading media companies of the country, including the ABP Network, Amar Ujala, Dainik Bhaskar Corp, Express Network, HT Digital Streams, IE Online Media Services, NDTV Convergence, Lokmat Media, Jagran Prakashan, TV Today Network, The Malayala Manorama, Times Internet Limited, and Ushodaya Enterprises. 

    According to DNPA, the online news portals of traditional media houses, which run newspapers and TV channels, do not come within the purview of IT Rules.  “While ‘newspaper’ is not governed by the IT Rules 2021, ‘publisher of news and current affairs content’ is governed by Part three of the IT Rules 2021. This implies that some of the members of DNPA association which are primarily newspaper publishers would not be governed by the IT Rules 2021 if they only published newspapers. But by making available, inter alia, the same content on a digital platform, they ought to be governed by the IT Rules 2021. Therefore, the IT Rules 2021 have created a distinction that is vague and arbitrary…” stated the plea, Live Law reported.

    The plea also contended that there are several regulations in place already for traditional and legacy media outlets in print and broadcasting, which have been operating before the advent of the internet and digital media. The petition filed by DNPA and journalist Mukund Padmanabhan was tagged along with the petition filed by Carnatic singer TM Krishna, which also claimed that the IT Rules 2021 were in violation of the Right to Privacy.  

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 that into effect on 26 May recommend a three-tier mechanism for the regulation of all online media. Under the rules, the digital publishers are required to take urgent steps for appointing a grievance officer, if not done, and place all relevant details in the public domain. “They also need to constitute self-regulatory bodies through mutual consultation so that the grievances are addressed at the level of publishers or the self-regulating bodies themselves,” according to the ministry.

  • Tussle between Centre and Twitter intensifies

    KOLKATA: The conflict between Twitter and the Indian government gets even murkier as the microblogging site has “failed to comply” with new IT rules. According to multiple reports, Twitter has lost its legal protection as an intermediary over non-compliance with the rules, which could impact its business overall as India remains one of the most critical markets for the platform. According to an estimate, the platform has a user base of 1.75 crore in India, which is one of its top five markets.

    “Numerous queries are arising as to whether Twitter is entitled to safe harbour provision. However, the simple fact of the matter is that Twitter has failed to comply with the Intermediary Guidelines that came into effect from the 26th of May,” union information technology minister Ravi Shankar Prasad tweeted on Wednesday.

    Prasad further added it has deliberately chosen the path of non-compliance despite multiple opportunities. His statement amid the reports of Twitter losing its “safe harbour” immunity has raised the question on Twitter’s future in India.

    On the other side, Twitter said that it appointed an interim chief compliance officer in line with the new rules and it would share the details with the IT ministry soon. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies, and a resident grievance officer. All three should be resident Indians.

    “These rules are only about setting out the procedures that need to be followed by the intermediaries if they want to continue to get the protection of safe harbour under section 79. The principle of intermediaries is that ordinarily, you will be not liable to whatever content you carry because it is presumed the platforms do not know what they are carrying. Therefore, the platforms will get the benefit of the doubt. But the benefit of the doubt will only extend to the situation where you are told this is wrong and you need to take it down,” TMT Law Practice managing partner Abhishek Malhotra explained.

    Twitter has already been named in an FIR concerning an incident in Ghaziabad’s Loni. “There is no communal angle to the incident in Loni where a man was thrashed and his beard was chopped off. The following entities — The Wire, Rana Ayyub, Mohammad Zubair, Dr Shama Mohammed, Saba Naqvi, Maskoor Usmani, Slaman Nizami — without checking the fact, started giving communal colour to the incident on Twitter and suddenly they started spreading messages to disrupt the peace and bring differences between the religious communities,” the Ghaziabad Police said in the FIR.

    India is one of the top five markets for Twitter. There are apprehensions that Twitter can be even banned if this tussle continues. The platform recently faced the heat in Nigeria.

    “Twitter admittedly is yet to comply with IT Rules, 2021 and as the law stands as on date, the government may decide to revoke its ‘intermediary’ status thereby taking away the immunity enjoyed by it against the content published on the platform by its millions of users,” partner at Bharucha & Partners Kaushik Moitra said.

    However, any action initiated by the Government must be tested in the freedom of speech and expression enshrined in the Constitution of India, he noted further.

  • Twitter appoints interim chief compliance officer in India

    KOLKATA: Microblogging site Twitter has appointed an interim chief compliance officer in line with the new IT rules which came into effect on 26 May. The company will share the details with the IT ministry soon, it said on Tuesday.

    The company “continues to make every effort to comply with new guidelines and is keeping IT Ministry apprised of progress at every step,” reported PTI quoting a Twitter spokesperson.

    Earlier the US company said that it has assured the government that it is making every effort to comply with the new IT media guidelines.

    Twitter’s move comes days after the government issued “one last notice” to the company.

    “The provisions for significant social media intermediaries under the Rules have already come into force on 26 May and it has been more than a week but Twitter has refused to comply with the provisions of these rules,” the ministry of electronics and information technology (MeitY) had written to Twitter’s deputy general counsel, Jim Baker.

    As per new rules, any failure to comply with the guidelines could lead to exemption from liability under section 79 of the IT Act, 2000. This essentially means that the platform could be held responsible for content posted by the users.

    The rules recommend a three-tier mechanism for the regulation of all online media. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies, and a resident grievance officer. All three should be resident Indians.

  • No exemption for mainstream media from new IT rules, says MIB

    New Delhi: The ministry of information and broadcasting has refused to grant an exemption to the digital news content of mainstream television channels and print media from the ambit of the new IT Rules, 2021 and asked all the digital news publishers and the OTT platforms to comply with the new rules without any misapprehensions.

    Asserting that the rationale for bringing the websites of the organisations under the ambit of the law is well-reasoned, the ministry said, making an exception of the nature proposed “will be discriminatory to the digital news publishers who do not have a traditional TV/print platform.”

    The order dated 10 June provides clarification to digital news publishers, publishers of online curated content or OTT platforms, and associations of digital media publishers who had requested the government for an exemption under the new rules, highlighting that they are already “sufficiently regulated.”

    “Since the code of ethics requires such digital platforms to follow the existing norms/content regulations, which are in vogue for the traditional print and TV media, there is no additional regulatory burden for such entities,” the ministry stated, “Accordingly, the request for exempting the digital news content of such organisations from the ambit of digital media rules 2021 cannot be acceded to.”

    The ministry also took note of the fact that traditional TV and print media are already registered with the government either under the Press and Registration Books Act or the Uplinking and Downlinking Guidelines of 2011, and added, that they can request the same self-regulatory bodies to serve as the Level II of the self-regulatory mechanism. But, before that, they need to ensure consistency with the Digital Media Rules, 2021, it added.

    The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 that into effect on 26 May recommend a three-tier mechanism for the regulation of all online media. Under the rules, the digital publishers are required to take urgent steps for appointing a grievance officer, if not done, and place all relevant details in the public domain. “They also need to constitute self-regulatory bodies through mutual consultation so that the grievances are addressed at the level of publishers or the self-regulating bodies themselves,” the ministry said. More than 500 publishers have already submitted their details in the requisite format, it added. 

    The News Broadcasters Association (NBA) which had earlier sought exemption from the new IT rules, issued a statement on Friday stating that all current and prospective members have fully complied with the requirements of new rules.
     

  • NBF members comply with new IT rules

    Kolkata : The News Broadcasters Federation has stated that all its current members duly complied with requirements of the 25 Feb issued Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“IT Rules, 2021”) by providing required information of their entities. Even actively prospective members have complied with the new rules before the due date, it said.

    The ministry of electronics and information  technology (MeitY) and ministry of information and broadcasting (MIB) had asked for compliance status data of the new IT rules on 26 May from digital platforms of traditional news media companies, even allowing 15 days for due compliance.

    NBF affiliate news broadcasters,  both national and regional networks, provided information sought under IT Rules, 2021 even before the 10 June deadline. 

    With this, NBF has assumed the status of first industry organisation to quickly adopt the code, aimed at a “strong and robust self-regulatory mechanism” facing more accountability and transparency in audiovisual news streaming. 

    It has also endorsed the responsibility of accountable journalism expected from its member broadcasting companies,  and their digital outlets, who enjoy their all-pervading presence across languages, states and, through the length and breadth of India.

    The NBF self-regulatory authority is established as a unique content regulatory mechanism notwithstanding the platform delivering the information, to significantly large audiences in the country.

  • Govt serves ‘one last notice’ to Twitter to ‘immediately’ comply with IT rules

    New Delhi: The government on Saturday issued ‘one last notice’ to Twitter Inc asking it to immediately comply with the new IT rules, failing which it could face stern action and lose exemption from liability under section 79 of the IT Act, 2000. This essentially means that the platform could be held responsible for content posted by the users.

    “The provisions for significant social media intermediaries under the Rules have already come into force on 26 May and it has been more than a week but Twitter has refused to comply with the provisions of these rules,” the ministry of electronics and information technology (MeitY) wrote to Twitter’s deputy general counsel, Jim Baker on Saturday.

    According to the ministry, the US company has not informed about the details of the chief compliance officer. The resident grievance officer and nodal contact person nominated is not an employee of Twitter Inc in India, as required by rules. Furthermore, the office address of Twitter Inc shared by the company is that of a law firm in India, which is also not as per rules.

    Twitter’s refusal to comply with the rules demonstrated its “lack of commitment and efforts towards providing a safe experience for the people of India on its platform,” it said. The ministry highlighted that the US tech giant has been operational in India for over a decade and “it is beyond belief that it has still doggedly refused to create mechanism that will enable the people of India to resolve their issues on the platform in a timely and transparent manner and through fair processes, by India based, clearly identified resources.”

    Though with effect from 26 May, “consequences follow” given Twitter’s non-compliance with rules, however, the ministry wrote, as a “gesture of goodwill”, it is giving Twitter Inc one last notice to immediately comply with the rules, failing which it will be liable for consequences as per the IT Act and other penal laws of India.

    The new IT (Guidelines for Intermediaries and Digital Media Ethics Code) rules, 2021, recommend a three-tier mechanism for regulation of all online media. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies and a resident grievance officer. All three should be resident Indians.

    The intermediaries are also required to prominently publish on their website, app or both, the name of the grievance officer and his/her contact details as well as the mechanism by which a user or a victim may make a complaint. The grievance officer would be required to acknowledge the complaint within 24 hours and resolve it within 15 days from its receipt. The government has also asked the significant social media intermediaries providing services primarily in the nature of messaging “to enable identification of the first originator of the information.”

  • WhatsApp appoints grievance officer for India

    WhatsApp appoints grievance officer for India

    KOLKATA: Amid talks over implementation of new IT rules, messaging platform WhatsApp has appointed Paresh B Lal as grievance officer in India.

    WhatsApp has updated the new appointment on its website so users can contact Paresh B through a post box in Banjara Hills at Hyderabad in Telangana state. As per a PTI report, other large digital companies like Google have also started updating their websites to reflect the respective appointments of grievance officers in these organisations. Twitter also informed the Delhi high court that it has appointed the grievance redressal officer.

    The government issued new intermediary guidelines for social media platforms on 25 February with a three-month deadline. It directed intermediaries to appoint a grievance officer based in India for a time-bound redressal of user complaints. As per the rules, a social media intermediary is also required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination. They will also have to publish a monthly compliance report mentioning the details of complaints received and action taken.

    After the rules came into effect on 26 May, the ministry of electronics and information technology (MeitY) wrote to “Significant Social Media Intermediaries” (SSMIs) asking for details of compliance.

    Under the new “the Information Technology (Intermediary Guidelines and Digital Ethics Code) Rules, 2021,” SSMIs are defined as social media companies with more than 50 lakh registered users. Hence, Twitter, Facebook, Facebook-owned WhatsApp and Instagram fall under the SSMIs category.

  • Twitter complies with new IT rules

    Twitter complies with new IT rules

    New Delhi: The social media giant Twitter on Monday told the Delhi high court that it has appointed the grievance redressal officer, as required under the new IT (guidelines for intermediaries and digital media ethics code) rules, 2021.

    The court was hearing a plea by one Amit Acharya, alleging that Twitter India has not complied with the IT Rules, according to which it was required to appoint a Resident Grievance Officer, Nodal Officer and Chief Compliance officer to look into any complaints against the platform.

    Appearing on behalf of the US company, senior advocate Sajan Poovayya shared a letter dated 28 May, claiming that the company has already made the requisite appointment. However, the claim was disputed by the petitioner who argued that Twitter’s GRO details could not be found when a complaint was sought to be made against certain objectionable tweets, The Indian Express reported. He also alleged that the microblogging platform has appointed a US resident as the Grievance Officer, contradictory to what the IT rules mandated.

    During the course of hearing, the court has also made it clear that “if the rules have not been stayed then they have to be complied with”.  It issued a notice to Twitter and gave the company three weeks to put the details on record. The case was adjourned for next hearing on July 6.

    The government had released a circular on 26 May enquiring about compliance with the said rules by all SSMIs under the Rules. As per the rules, each significant social media intermediary is required to appoint a resident grievance officer, chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies. He/she would be required to acknowledge the complaint within 24 hours and resolve it within 15 days from its receipt.

    All three should be resident Indians. They will also have to publish a monthly compliance report mentioning the details of complaints received and action taken. The intermediaries are also required to prominently publish on their website, app or both, the name of the grievance officer and his/her contact details as well as the mechanism by which a user or a victim may make a complaint.

  • Google, Facebook updating website as per new IT rules

    Google, Facebook updating website as per new IT rules

    New Delhi: Tech giants Google and Facebook have started updating their websites to reflect the appointment of the grievance officers as per the new IT rules that came into effect on 26 May.

    The companies have shared the details with the ministry of electronics and information and technology, reported PTI citing government sources. However, Twitter is yet to inform the Centre if it is complying with the norms. Google’s ‘Contact Us’ page shows details of Joe Grier as a contact person with an address from Mountain View, US. It also contains details on the grievance redressal mechanism for YouTube.

    The new IT (guidelines for intermediaries and digital media ethics code) rules, 2021 notified by the Centre on 25 February recommend a three-tier mechanism for regulation of all online media, which confers blocking powers to an inter-ministerial committee. As per the rules, each significant social media intermediary is required to appoint a chief compliance officer, a nodal contact person for 24×7 coordination with law enforcement agencies and a resident grievance officer. All three should be resident Indians. They will also have to publish a monthly compliance report mentioning the details of complaints received and action taken.

    The intermediaries are also required to prominently publish on their website, app or both, the name of the grievance officer and his/her contact details as well as the mechanism by which a user or a victim may make a complaint. The grievance officer would be required to acknowledge the complaint within 24 hours and resolve it within 15 days from its receipt.

    The platforms would also be required to ensure online safety of users, especially women and remove/disable access of any such morphed content, within 24 hours of the complaint, which can be filed either by the individual or by any other person on his/her behalf. The government has also asked the significant social media intermediaries providing services primarily in the nature of messaging “to enable identification of the first originator of the information.”

  • IAMAI announces formation of Digital Publisher Content Grievances Council

    IAMAI announces formation of Digital Publisher Content Grievances Council

    KOLKATA: The Internet and Mobile Association of India (IAMAI) on Friday announced the formation of the Digital Publishers Content Grievances Council (DPCGC) as part of the self-regulatory and grievance redressal framework for Online Curated Content [OCC] Publishers.

    The Council is being set up in light of the recent Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 with the intent to empower consumers to make informed viewing choices, it said on Friday.

    It will have an OCCP Council consisting of publishers of OCC as members and an independent Grievance Redressal Board [GRB] — consisting of a chairperson and six members. The GRB will be chaired by a retired Supreme Court/high court judge. The members will comprise eminent persons from the media and entertainment industry, experts from various fields, including child rights, minority rights, and media law.

    The GRB will oversee and ensure the alignment and adherence to the Code of Ethics by the OCCP Council members, provide guidance to entities on the Code of Ethics, address grievances that have not been resolved by the publisher within 15 days and hear grievances/appeals filed by the complainants.

    IAMAI President Subho Ray said: “IAMAI and members of the DPCGC are deeply committed to protecting consumer rights and empowering consumers with the right tools to make informed decisions, as well as have their grievances addressed. The formation of this body is an important step towards consumer choice, as more and more people are viewing content online.”

    IAMAI has also notified the ministry of information and broadcasting (MIB) that they are in the process of forming the DPCGC and has also shared a list of publishers who were confirmed to be members of the Council. So far, it has received confirmation from 10 publishers, including 1.) Alt Balaji 2.) Amazon Prime Video 3.) Arha Media 4.) Firework 5.) Hoichoi 6.) Hungama 7.) Lionsgate Play 8.) MX Player 9.) Netflix and 10) Shemaroo and is awaiting confirmation from several other such digital publishers.

    “The creation of Digital Publishers Content Grievances Council (DPCGC) is a significant step in ensuring that publishers of OCC are compliant with IT rules 2021. The Digital Publishers Content Grievances Council will serve as a transparent and open channel to effectively address consumer grievances. As part of the process to be compliant, this newly formed body is an important step towards consumer empowerment and choice,” IAMAI stated.